which I am charged within the jurisdiction of the temporal courts. Your lordship will, perhaps, refer to these books. Mr. Justice Erskine, No need of that. If it is not an offence at common law, this indictment is worth nothing. You can take it before the fifteen judges on a writ of error. I sit here, not to correct the law, but merely to administer it.* * I have been told by a legal friend of great experience, that at this point I might have taken the judge at his word, and have carried the case before the judges for decision; but I was unacquainted with the forms of law in such cases, and I moreover distrusted the judge. Mr. Holyoake resumed. In the fourth volume of 'Blackstone's Commentaries,' p. 59, in speaking of offences against God and religion, that writer says, 'The fourth species of offences, therefore, more immediately against God and religion, is that of blasphemy against the Almighty, by denying his being or providence, or by contumelious reproaches of our saviour, Christ. Whither also may be referred all profane scoffing at the holy scripture, or exposing it to contempt and ridicule. These are offences punishable at common law by fine and imprisonment, or other infamous corporal punishment; _for Christianity is part of the laws of England_.' Blackstone quotes, in support of the first species, a volume of 'Ventris' Reports,' p. 298; and the second from the second volume of 'Strange's Reports,' p. 834. Mr. Christian, the commentator upon Blackstone, adds, in a note, a passage from the 'Year Book' (34 Henry VI.), folio 43. The earliest case is that from the year book, in the 34th year of Henry VI. (1458). Mr. Christian quotes from it this passage--'Scripture est common ley, sur quel toutes manieres de leis sont fondes' (i.e., Scripture is common law, upon which all descriptions of laws are founded). Were this quotation correct, and did the word scripture here mean 'holy scripture,' or what is generally understood by the Bible, then I admit this passage would be a good foundation to build up Mr. Judge Blackstone's law. But it is no such thing. The case in the year book is a case of _quare impedit_, and, in the course of the argument the question arose whether, in a matter of induction to a benefice by the ordinary (i.e., the bishop) the common law would take notice of, or be bound by, the law or practices of the church. Where-. upon, Chief Justice Prisot says--'To such laws, which they of the holy church have in "ancient writing," it becomes us to give credence, for such is common law, upon which all descriptions of laws are founded. And therefore, sir, we are obliged to recognise their law of the holy church--likewise they are obliged to recognise our law. And, sir, if it appears to us now that the bishop has done as an ordinary should do in such a case, then we ought to judge it good--if otherwise, bad.'